WSPC12924

• File Number: 8230.400.31.F
• Description: Avon RICD
• State: CO
• Title: Related Reports
• Water Supply Pro - Doc Type: Report/Study

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and the Ute Mountain Ute Tribe equivalent to those that the Tribes would have received
under the 1988 Settlement Act, thet congressional act incorporated into the 1991 Consent
Decrees. See Applicant's Ex. I (2000 Settlement Act Amendments). Congress
specifically found that the 2000 Settlement Act Amendments ensure that the federal
commitments made to the Tribes in the 1988 Settlement Act are honored. Applicant's
Ex. I (2000 Settlement Act Amendments) at ~ 301(b)(9). The Ute Tribes, the State of
Colorado, and the Southwestern Water Conservation District supported the 2000
Settlement Act Amendments and are signatories to the Stipulations to Amend filed in W-
1603-76F and W-1603-76J.

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33. The core purpose of the settlement resulting in an act of Congress and
ultimately in this court's entry of the" 1991 Consent Decrees was resolution of the Federal
reserved water rights claims of the Ute Mountain Ute Indian Tribe and the Southern Ute
Indian Tribe. See Applicant's Ex. 13 (1988 Settlement Act) at Sec. 2. This purpose
continues to b,e central under the current amending legislation. Applicant's Ex. 1 (2000
Settlement Act Amendments). See Mar. 7 Order at 10.

34. The 2000 Settlement Act Amendments show that the congressionally-
approved changes were intended to meet the requirements ofvarious federal
enviromnentallaws, fmdings, and decisions while ensuring full and final settlement of
the water rights claims of the Ute Tribes on the Animas and La Plata Rivers. See
Applicant's Ex. 1 (2000 Settlement Act Amendments) at g 301(b).

35. The proposed amendments to the 1991 Consent Decrees and the Change
Applications accomplish three key goals of the 2000 Settlement Act Amendments by 1)
changing the description of the Ute Tribes' water rights set forth in the 1991 Consent
Decrees to be consistent with operation ofthe ALP as set forth in the 2000 Settlement
Act Amendments; 2) deleting agricultural irrigation use of the Ute Tribes' water rights,
and replacing it with municipal and industrial uses, and 3) extending the deadlines by
which the settlement of the Ute Tribes' pending reserved and appropriative water rights
claims on the Animas and La Plata Rivers shall become final.

36. The Stipulations to Amend and Chaitge Applications are designed to
implement the amendments to the 1986 Settlement Agreement as approved by Congress.
See Applicant's Ex. 1 (2000 Settlement Act Amendments); Stipulations to Amend;
Change Applications. Consequently, the proposed modifications are suitably tailored to
the changed circwnstances to this extent. See also Applicant's Ex. 11 (ROD) at 1-3; 19
(Sen. Rep. 106-513).

B. ALP Decrees

37. The storage right and diversion amount for ALP are set forth in the ALP
Decrees. Testimony of Bruce Whitehead, Division Engineer for the State Engineer's
Office; see CPA Ex. RR.-18, RR-19, RR-33. The 1991 Consent Decree provide each
Tribe with a water supply from ALP. Testimony of Mr. Whitehead; see Applicant's Ex.
2&3 (1991 Consent Decree) at '~6.A.i. &7.A.i. The water supply provided each Tribe by

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